Navigating the Education, Health and Care Plan (EHCP) process can be one of the most challenging experiences for any parent of a child with special educational needs. Local Authorities (LAs) are responsible for assessing children and young people with SEND and determining what support they are legally entitled to. Unfortunately, delays, misunderstandings, and communication breakdowns are common. This blog post aims to help you approach your Local Authority more confidently and effectively.
1. Know Who You’re Talking To: Understand Your Case Officer
Your case officer (sometimes called a SEN Caseworker or Plan Coordinator) is your main point of contact at the LA. They manage your child’s case and act as a gatekeeper for information and decisions. Here’s how to work with them effectively:
- Be polite, but persistent. Keep all communication written where possible so you have a record.
- Learn their name, job title, and direct contact details.
- Understand they are often overworked—but your child’s rights still come first.
- Ask for regular updates and always confirm conversations via email.
2. Get the School on Side
Before even applying for an EHCP, meet with the school’s SENCO (Special Educational Needs Coordinator). Make sure:
- The SENCO understands your child’s needs and agrees more support is needed.
- The school has documented evidence of what they’ve already tried (this is vital).
- You ask the school if they will co-write or support your application.
While schools can request an EHCP themselves, parents have the same right—and doing it yourself sometimes gives you more control.
3. How to Apply for an EHCP
You can apply directly to your LA. Your request should include:
- A clear letter stating why your child needs an EHC needs assessment.
- Evidence such as reports from school, medical professionals, and your own observations.
- Any diagnoses or concerns you have, even if they aren’t formally recognised yet.
Once your request is received, the LA must decide whether to carry out an assessment within 6 weeks.
4. Why EHCP Applications Fail
Common reasons include:
- Lack of documented evidence showing that SEN Support isn’t enough.
- LA relying solely on school input without independent reports.
- Vague or inconsistent wording in reports.
To reduce risk of refusal:
- Use language that highlights how your child is not making expected progress despite support.
- Include supporting letters from professionals where possible.
- Ensure the school is on board and their documentation backs up your case.
If the LA refuses, you have a legal right to appeal to the SEND Tribunal.
5. Timelines to Know
- 6 weeks: LA must decide whether to assess.
- 16 weeks: If yes, they must complete the assessment.
- 20 weeks: Final EHCP must be issued (from date of initial request).
Delays are common—but they are unlawful. You can write formal complaints or seek legal advice if these timelines are breached.
6. Communicating Effectively
- Keep a written log of all calls, emails, and letters.
- Always confirm verbal conversations with a follow-up email.
- Use clear, calm language—even when you’re frustrated.
- Refer to the SEND Code of Practice and the Children and Families Act 2014 if needed.
Example: “As outlined in section 9.14 of the SEND Code of Practice, my child is entitled to a full EHC needs assessment when it is clear that SEN Support is not meeting their needs.”
7. When to Push Harder
If you feel like you’re getting nowhere:
- Contact the LA’s SENDIASS team for advice.
- Escalate to a team leader or manager in the SEN department.
- Contact your MP with a timeline of events and your concerns.
- Consider legal advocacy or reaching out to support services like AskEllie.
You Don’t Have to Fight Alone
Negotiating with the LA can be draining and confusing, but knowledge is power. Be organised, document everything, and never forget that your child is entitled to support that meets their needs—not just what’s convenient or affordable.
For more advice, tools, and tailored support, come by and see us at AskEllie.co.uk.
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